A.

Purpose. The purpose of this article is to establish and convey overlay zoning districts wherein certain additional requirements are superimposed on the underlying standard zoning districts set forth in article II of this chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying standard zoning district.

B.

Representation on zoning map. Except where otherwise stated, the overlay zoning districts described in this article are represented on the official zoning map (or on a separate official overlay zoning map). The boundaries or presence of each overlay zoning district may be amended via the rezoning procedure in section 520-118.

C.

Other overlay zoning districts. Floodplain, shoreland, and shoreland-wetland overlay zoning districts are described in separate articles of this chapter, as each is adopted, maintained, enforced, and from time to time amended under unique state statutory requirements.

(Ord. No. 16-07, 6-20-2016)

A.

Description and purpose. The D Design Overlay District is intended to codify unique and specific site and building design standards to preserve and enhance the appearance, character, and property values of key districts within the village. The unique design standards applicable within each D district are either included in this section or within separate plans or ordinances duly adopted by the village board, as indicated in this section.

B.

D Design Overlay District boundaries. The boundaries of each D Overlay District are as depicted on the official zoning map and/or official overlay zoning map. A unique suffix is applied to each D District related to its geographic area or district name.

C.

Established D Design Overlay Districts. The following D Design Overlay Districts, and documents within which design standards are located, are as follows:

(1)

D-CONDO Condominium Overlay. The village board hereby exercises the authority set forth in Wis. Stats. § 703.27, in the regulation of condominiums. This chapter does not impose a greater burden or restriction and does not provide a lower level of service to a condominium than would be imposed or is imposed if the condominium ownership were under a different form of ownership.

(a)

Rezoning to the D-CONDO District shall be per section 520-117. In addition to the normal rezoning application requirements in that section, the applicant shall submit a condominium plat and a site plan meeting the requirements of section 520-124.

(b)

No use or structure in the D-CONDO District shall be established, maintained, or expanded except in conformity with a condominium plat and site plan approved under section 520-124. Such requirements and conditions made a part of an approved condominium plat and site plan shall be, along with the site plan itself, construed to be and enforced as a part of this chapter.

(c)

Within the D-CONDO Overlay District, the only permitted uses shall be residences in the condominium form of ownership, community garden, passive outdoor public recreation, active outdoor public recreation, public service or utility, community living arrangement (one to eight residents), detached accessory structure (for residential use), home occupation, and private lake (pond).

(d)

The density, intensity and bulk regulations in article V shall be applied to each development within the D-CONDO District to the extent determined practical by the village approval authority at the time of rezoning to the D-CONDO District, or subsequent condominium plat and site plan amendment approved by the village.

(e)

Each D-CONDO District shall be no less than two acres in area.

(f)

Each interior condominium site shall be at least 24 feet in width. Each condominium site located on a corner of a public street shall be at least 48 feet in width. Each interior condominium site that is intended to be at the end of a row of attached condominium units shall be at least 34 feet wide.

(g)

Each condominium development shall not exceed a density of seven dwelling units per acre, not including street rights-of-way and stormwater detention areas.

(h)

No more than four condominium units shall be built in a row having the same building line. In a condominium building having more than four dwelling units, the required minimum offset in the building line shall be three feet. No single condominium building shall exceed 250 feet in any horizontal dimension.

(2)

D-Property Maintenance Overlay. To public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises, the Property Maintenance Overlay provides requirements addressing these issues.

(a)

Within this overlay district, it shall be the duty of the property owner to maintain all exterior property and premises to be free from any accumulation of rubbish or garbage.

(b)

All recreational vehicles must be operable, have current registration (if applicable), and be in good repair to be parked outdoors.

(c)

Where recreational vehicles shall be permitted to be stored on a vegetative surface such as grass, the grass must be maintained and free of weeds and tall grass.

(d)

Recreational vehicles shall not be stored on or extend into the public right-of-way or public access easement, including but not limited to on a public street or over a public sidewalk or path.

(e)

Each recreational vehicle shall not be used as a dwelling unit for more than seven days per calendar year and shall not be considered or used as an accessory structure.

(f)

No recreational vehicle shall be connected to municipal water, sanitary sewer, or a private on-site wastewater treatment system at any time, except for maintenance.

(g)

An unlimited number of recreational vehicles may be stored in fully enclosed buildings as allowed per applicable requirements of the Municipal Code.

(h)

A maximum of two recreational vehicles may be stored outdoors on each lot. A trailer and other recreational vehicle(s) mounted on it shall count as one recreational vehicle for purposes of this quantitative limitation.

(i)

Outdoor storage of recreational vehicles shall be permitted in a side yard as defined in section 520-138, but set back from the side property line a distance equal to the hard surface setback in the associated zoning district under figure V(2) ^[15]. Recreational vehicles in a side yard shall be permitted to be stored on a vegetative surface.

(j)

Outdoor storage of recreational vehicles shall be permitted in the front yard if on a hard surface, but set back from the front property line a distance equal to the hard surface setback in the associated zoning district under figure V(2) ^[16]. Such hard surface shall be a component to or attached to the driveway that connects to the public roadway.

(k)

Outdoor storage of recreational vehicles shall be permitted in a rear yard as defined in section 520-138, but set back from the rear property line a distance equal to the hard surface setback in the associated zoning district under figure V(2) ^[17]. Recreational vehicles in a rear yard shall be permitted to be stored on a vegetative surface.

(Ord. No. 16-07, 6-20-2016; Ord. No. 19-17, 10-22-2019)

A.

Description and purpose. The village depends exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to institute land use regulations and restrictions to protect the village's municipal water supply and well fields, and to promote the public health, safety, and general welfare of the residents, employees, and visitors of the village. The restrictions imposed in this section are in addition to those of the underlying standard zoning district or any other provisions of this chapter. This section is established under the authority of Wis. Stats. § 62.23(7)(am) and (c), and Wis. Adm. Code ch. NR 811.

B.

Wellhead Protection Area Overlay District boundaries. The regulations of this section shall apply to land within Wellhead Protection Area district boundaries mapped as "WHP" on the Official Zoning Map and/or Official Overlay Zoning Map. The WHP District is further divided into WHP-A, WHP-B, and WHP-C on the map, indicating different zones of groundwater contribution to the associated well. WHP-A indicates one-year time of travel to the wellhead (Zone A); WHP-B indicates five-year time of travel (Zone B); and WHP-C indicates the largest contribution area under an assumption of a steady state or continuous pumping condition (Zone C). The list of conditional and prohibited uses in the WHP District varies depending on whether the property is in WHP-A, WHP-B, or WHP-C, per figure 520-38.

C.

Separation distance requirements. Minimum separation distances listed in Wis. Adm. Code ch. NR 811, shall be maintained between the well and other potential sources of contamination, per Wis. Adm. Code § NR 811.12(5)(d), where such potential sources of contamination were not in existence on the date that the district was first mapped on the official zoning map or official overlay zoning map in that area and were not in continuous operation following that date. Such potential sources of contamination include, but may not be limited to:

(1)

Emergency or standby power system.

(2)

Stormwater retention or detention pond.

(3)

Storm sewer main.

(4)

Sanitary sewer main, manhole, lift station.

(5)

Storage tank for gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(6)

Private on-site wastewater treatment system tank or dispersal component.

(7)

Cemetery.

(8)

Land application of municipal, commercial, or industrial waste.

(9)

Agricultural, industrial, commercial or municipal wastewater treatment plant, treatment units, lagoons, or storage structures.

(10)

Manure stacks or storage structures.

(11)

Solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility.

(12)

Sanitary landfill.

(13)

Any property with residual groundwater contamination that exceeds Wis. Adm. Code ch. NR 140, enforcement standards.

(14)

Salt or deicing material storage area.

D.

Conditional and prohibited uses. Figure 520-38 lists land uses that are conditional and prohibited (restricted) within the different Wellhead Protection Area Overlay Districts, with a "C" indicating conditional status and an "X" indicating prohibited (or restricted) status. Uses marked with a "P" and other uses not listed below are permitted by right in the associated WHP district, provided that such uses are also permitted by right in the underlying standard zoning district. The land uses listed as conditional uses within a particular WHP district are only allowed if such uses are also listed as permitted or conditional uses in the underlying standard zoning district (see figures 520-17 and 520-18*). ^[18] Any of the following uses that are not allowed in the underlying standard zoning district, per figures 520-17 and 520-18, may not be established in the Wellhead Protection Area District that overlays that standard zoning district. All uses shall be further subject to the separation standards in subsection C. Existing potential sources of contamination and land uses as of the effective date of this chapter shall be permitted to continue subject to the requirements in subsection F below.

E.

Conditional use permit application review requirements.

(1)

Application. In addition to conditional use permit application requirements in section 520-121, the request shall include an environmental impact study or environmental assessment prepared by a licensed environmental engineer. Said report shall be forwarded to an engineer designated by the village for recommendation and final decision by the village. The applicant shall reimburse the village for all consultant fees associated with this review at the invoiced amount plus administrative costs.

(2)

Criteria. General criteria for conditional use permit approval are included within section 520-121G. In its consideration of conditional use permit applications for one of the listed conditional uses in subsection D within the associated Wellhead Protection Area Overlay District, the plan commission shall also consider the following additional criteria:

(a)

The village's responsibility as a public water supplier to protect and preserve public health, safety and welfare.

(b)

The potential of the proposed use to seriously threaten or degrade groundwater quality.

(c)

The availability of alternative uses, locations, and operational characteristics, and the cost, effect, and extent of availability of such alternatives.

(d)

The proximity of the applicant's property to other potential sources of contamination or vulnerable activities or uses.

(e)

The then-existing condition of the associated well, well field, well recharge area, and the vulnerability to further contamination.

(f)

The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table, and location of private wells.

(g)

The zone of contribution for, or distance from, the associated well within which the proposed use is located.

(h)

Any other hydrogeological data or information which is available from any public or private agency or organization.

(i)

The potential benefit, both economic and social, from the approval of the application.

(3)

Approval conditions. In its approval of any conditional use permit within the Wellhead Protection Area Overlay District, the plan commission may impose conditions to provide:

(a)

Environmental and/or safety monitoring to indicate whether the potential sources of contamination may be emitting any contaminants.

(b)

A financial guarantee in a form and amount determined by the village for future monitoring and cleanup costs.

(c)

Any requirement authorized for existing potential sources of contamination and land uses under subsection F.

F.

Requirements for existing potential sources of contamination and land uses.

(1)

At the request of the zoning administrator, residents with existing potential sources of contamination and land uses, as defined under section 520-138, shall provide to the village copies of all federal, state and local facility operation approvals or certificates and ongoing environmental monitoring results.

(2)

Existing potential sources of contamination and land uses shall provide additional environmental or safety monitoring as deemed necessary by the village board, including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.

(3)

Existing potential sources of contamination and land uses, when upgrading or expanding, shall replace equipment or expand in a manner that improves existing environmental and safety technologies and performance. Before such operations upgrade or expand, the owner or operator may be required to obtain a conditional use permit and/or site plan approval under this chapter. If a conditional use under this section, the operation would be required to comply with all applicable provisions of this section, to the extent determined practical by the designated village approval authority.

(4)

At the request and to the satisfaction of the zoning administrator, existing potential sources of contamination and land uses shall devise and file with the village a contingency plan for unexpected release of contaminants or other emergency events.

(5)

Property owners with an existing agricultural use are exempt from requirements of this section as they relate to restrictions on agricultural uses, but such exemption shall only apply to operations in existence as of the date that the Wellhead Protection Area District was first mapped on the official zoning map in that area, and continually operating after that date.

G.

Violations and compliance. In the event an individual and/or potential source of contamination within the Wellhead Protection Area District causes the release of any contaminants which endanger the public, in the determination of the village, the individual and/or potential source of contamination causing said release shall immediately cease and desist, and initiate cleanup satisfactory to the village and the other state and federal regulatory agencies. The person or other entity who releases such contaminants and the person who owns the potential source of contamination whereon the contaminants have been released shall be jointly and severally responsible for the cost of cleanup, consultant or other contractor fees, and all administrative costs for oversight, review and documentation, including for village employees, contractors, equipment, and mileage. Following any such release, the village may require additional environmental and/or safety monitoring. As a substitute for or in addition to any other action authorized above and under section 520-134, the village may commence legal action against the individual and/or potential source of contamination to recover the costs, together with the costs of prosecution.

(Ord. No. 16-07, 6-20-2016)

A.

Description and purpose. The AH Airport Height Limitation Overlay District is intended to regulate the height of structures relative to air travel associated with the Central Wisconsin Airport, in order to protect the public health, safety, and welfare of airport users and residents and employees within the surrounding area. In addition to the standards in this section, lands within the AH District may also be subject to the regulations set forth in Marathon County Airport Height Ordinance.

B.

AH Airport Height Limitation Overlay District boundaries. The AH District extends to many areas under the geographic jurisdiction of this chapter, limiting the height and use of structures within such jurisdiction. As such, the AH District is not shown on the village's official zoning map and/or official overlay zoning map. instead, the map listed in subsection C(1) serves as the height limitation zoning map.

C.

AH Airport Height Limitation Overlay District requirements.

(1)

The maximum height above mean sea level of all new or expanded structures shall be as indicated on the Central Wisconsin Airport Height Map prepared by Marathon County, based on elevation data ordinated from the Wisconsin Bureau of Aeronautics Map dated September 7, 1999, as from time to time amended. The zoning administrator may permit a greater height than specified by such map, if such greater height is favorably recommended by the Bureau of Aeronautics. This requirement shall not be applied retroactively to any structure lawfully erected before December 29, 1971, except if a subsequent vertical expansion of such a structure is sought.

(2)

Prior to issuing or authorizing a zoning permit or building permit, the zoning administrator may require any information deemed necessary to make a determination regarding compliance with the requirements of AH District (such as exact height, location, and current and finished ground elevation of the structure) and/or refer the application to the airport owner or operator or the Wisconsin Bureau of Aeronautics for recommendation. If the zoning administrator elects to refer the application, the normally required time frame for issuing a zoning permit or building permit under this chapter and the Building Code shall be extended by ten days.

(3)

No use may be made in the AH District that causes interference with radio or electronic facilities associated with the airport and any lighting that makes it difficult to distinguish airport lights, results in glare in pilots' eyes, or otherwise impairs visibility.

(4)

Other than any use that meets the criteria in subsection C(3), all allowable uses and structures within the AH District shall comply with all other applicable standards of the underlying standard zoning district and any other applicable overlay district requirements with regard to use and all other requirements.

(Ord. No. 16-07, 6-20-2016)